New Supreme Court ruling amplifies confusion over abortion access

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A small group gathers at the steps of the Georgia State Capitol protesting the overturning of Roe v. Wade on Sunday, June 26, 2022.

Credit: AP Photo/Ben Gray

The U.S. Supreme Court and some federal health agencies are at an impasse when it comes to whether or not a federal health statute that ensures patients get emergency care when it’s needed can be applied to emergency abortions irrespective of state restrictions. 

The Emergency Medical Treatment and Labor Act is a federal health statute that ensures patients at Medicare funded hospitals get emergency care when it’s needed. 

• RELATED: Abortion bans still leave a 'gray area' for doctors after Idaho Supreme Court case

Georgia’s abortion law, the so-called “LIFE Act,” allows for abortions after the detection of what the law describes as “fetal heartbeat.” This activity can usually be seen with an ultrasound around six weeks of pregnancy. Exceptions are only in cases of incest and rape that are reported to the police and in some cases of medical emergencies.

It’s exceptions like these that were at the center of the Supreme Court’s latest hearing on abortion, except in the case of Idaho’s abortion ban, abortion exceptions have only been allowed if the mother's life is in danger. The Justice Department sued the state over its law in 2022. 

But in the Supreme Court's ruling late June, justices could not agree if federal rules for emergency care under EMTALA outweigh limited abortion exceptions. More than 50,000 women each year are at risk of experiencing life-threatening complications from pregnancy.

The case was ultimately sent back to lower courts. A few days later, the federal Centers for Medicare and Medicaid and the Department of Health and Human Services drafted a letter reminding doctor and hospital associations of the federal protections EMTALA offers, according to the Associated Press.

“For the person seeking the abortion, I'm not sure how much of a difference those letters make for them in their daily experience,” attorney Elizabeth Ling said. “I think in some ways it can add to the confusion.”

Ling is senior counsel for the If/When/How helpline, which helps abortion seekers sort through legal concerns when it comes to getting care. 

She said abortion seekers from Georgia already make up the third-highest number of callers nationwide. Most ask about parental consent requirements — which Georgia does have — or have general questions about Georgia’s abortion law.

Callers also ask about medical exceptions. 

“Asking questions around, like, ‘Is my life at risk enough for me to get care?’ basically,” Ling said. 

According to Georgia’s abortion law, a medical emergency is one that could result in the death or irreversible damage to a woman's major bodily functions. What counts as a medical emergency is up to the “reasonable medical judgment” of a physician. 

However, the law does not include any exception for mental health conditions that could similarly put a woman's life at risk. 

Ling said a lack of overall clarity around access continues to harm patients and providers, who could face prosecution or interference from state agencies in cases were abortion laws are broken unknowingly.

“In my opinion, I think that EMTALA is very clear,” Ling said. “ But if you ask a different person, they might have a different answer.”